3
6.
The States Parties to the Convention must ensure compliance with its
provisions and their inherent effects (effet utile) within their respective domestic
legal systems. This principle applies not only in connection with the substantive
provisions of human rights treaties (i.e. those dealing with provisions on protected
rights) but also in connection with procedural rules, such as the ones concerning
compliance with the decisions of the Court. Such obligations are intended to be
interpreted and enforced in a manner such that the protected guarantee is truly
practical and effective, taking into account the special nature of human rights
treaties.4
*
*
*
8.
With regards to the payments ordered for non-pecuniary damages, costs, and
expenses (operative paragraphs thirteen and sixteen of the Judgment), Panama
reported that on March 29, 2010, it paid Mr. Tristán Donoso B/. 30.000,00 (thirty
thousand balboas, equivalent to thirty thousand US dollars). The state submitted a
copy of the settlement agreement signed by the Secretary of Economy and Finance
of Panama and Mr. Tristán Donoso.
9.
The representatives confirmed that the payments “were duly made,” therefore
they requested the Court to establish that this reparation measure “has been
complied by the State.”
10.
The Commission took note of the information provided by the State.
11.
Based on the information provided by the parties, the Court concludes that
the State has fully complied with the payments corresponding to the compensation
for non-pecuniary damages and the reimbursement of costs and expenses set forth
in operative paragraphs thirteen and sixteen of the Judgment.
*
*
*
12.
In relation to the obligation to annul the criminal conviction against Mr. Tristán
Donoso and all the consequences arising from it (operative paragraph fourteen of the
Judgment), the State reported and submitted a copy of the documents that confirm
the actions taken. On May 12, 2010, through Agreement Number 240, the Full
Supreme Court of Justice expressed that “the Republic of Panama, as a member of
the international community, recognizes, respects, and complies with the decisions
of the Inter-American Court of Human Rights,” and decided to submit this Court’s
3
Cf. Case of Castillo Petruzzi et al. v. Peru. Monitoring Compliance with Judgment. Order of the
Inter-American Court of Human Rights of November 17, 1999. Series C No. 59, Considering three; Case of
Baena Ricardo et al. Monitoring Compliance with Judgment, supra note 1, Considering five, and Case of
Vargas Areco, supra note 1, Considering four.
4
Cf. Case of Ivcher Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C
No. 54, para. 37; Case of Baena Ricardo et al. Monitoring Compliance with Judgment, supra note 1,
Considering six, and Case of Vargas Areco, supra note 1, Considering five.